Legrand
Don McCune v. Legrand
Opinion
Opinion
MEMORANDUM
Don McCune, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising out of state parole proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Hamilton v. Brown, 680 F.3d 889 , 892 (9th Cir. 2011); Barren v, Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any ground supported by the record. Hamilton, 630 F.3d at 893. We affirm.
To the extent McCune alleged that the prior denial of parole was improper, the district court properly dismissed McCune’s action because success in his action would necessarily demonstrate the invalidity of his confinement or its duration, and McCune failed to show that his conviction or sentence has been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 80-82 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (a prisoner’s § 1983 action is barred if success “would necessarily demonstrate the invalidity of confinement or its duration[,]” unless “the conviction or sentence has already been invalidated” (citation and internal quotation marks omitted)).